Safety Net Income & Food for Immigrant-headed Households

1. Safety Net Income & Food for Immigrant-headed Households Basic Benefits Training, March 2013 Patricia Baker, Mass Law Reform Institute

2. Common Barriers to Accessing Benefits • Fear of government • Misinformation about eligibility rules • Fear of “public charge” • Limited English, lack of interpreter services • Unfair treatment based on national origin • Fear of state contacting feds/sponsor

3. Key Eligibility Questions to Ask Immigrant Clients • Current immigration status? • HOW did client get status? • Date of physical entry to US • Date of legal “entry” in status? • Was client sponsored (affects SSI) and type of affidavit of support? • If LPR, any U.S. work history (of client, spouse, parents before age 18)?

4. Review of federally “qualified” • Legal permanent resident (LPR) • Humanitarian Parolee (min. of 1 year) • Refugee • Granted Political Asylum • Granted Withholding of Deportation • Cuban/Haitian entrant • Domestic violence victim, parent/child • Victim of trafficking

5. Also “Qualified” Immigrants • Border Native American Indians born outside United States (e.g. Canada) • Hmong or Highland Laotian tribe members and certain dependents AND • US veterans or military service members, and their dependents who are “lawfully present”

6. Cuban/Haitian Entrants as “qualified aliens” Nationals of Cuba or Haiti* who were: • Granted as “Cuban/Haitian Entrant (status pending)” • Paroled into U.S after 10/1/1980 • Asylum application pending • In removal, deportation or exclusion proceedings (no final, non-appealable order issued) • Under “Order of Supervision” ….. or • LPR who got status through special federal laws* * Does NOT include Haitians granted TPS status unless Haitian previously had humanitarian parole or pending asylum

7. VAWA or Battered Immigrants as “qualified aliens” • Battered by spouse or parents in the US • No longer living with batterer and • Immigrant has either an approved or pending petition for: • LPR status based on relative petition (I-130) • VAWA self-petition (I-360) OR • Suspension of deportation, cancellation • Immigrant is minor child of above immigrant

8. Five Year Bar Exceptions Regardless of current LPR status, the 5 year bar does NOT apply to immigrants granted these statuses: • Asylee • Cuban-Haitian entrant • Certain Amerasians (born in Vietnam) • Refugee • Deportation withheld • Certain American Indians (e.g. born in Canada) • Veteran/Active duty & spouse/child • Trafficking victims • Iraqi and Afghan Special Immigrant Visa LPRs

9. Don’t confuse 5-year rule! • In TAFDC, 5 year rule applies only to legal permanent residents & paroled • In SSI & SNAP programs, 5 year rule also applies to battered immigrants • 5 year rule does NOT apply to other “qualified” like refugees, even if now LPRs • “Non-qualified” like TPS or U visas do not become “qualified” or eligible for benefits just because they’ve been here 5 years

10. TAFDC for LPRs & Parolees • Five year wait applies to both children and adults unless: • LPR with 40 Q countable work history (own work, spousal or of parents), • LPR/parolee meets VAWA or battered immigrant criteria, OR • LPR/parolee was physically present in US as of 8-22-96 and “continuously present.”

11. TAFDC for Battered Immigrants • TAFDC eligibility for adult and children without 5 year wait • DTA will accept self-declaration as temporary verification of battered status if documents lost/stolen

12. SNAP for LPRs, Parolees and Battered Immigrants • NO 5 year wait for children • Exceptions for adults – • LPR with 40 Q of work history. • Receiving disability-based benefit such as EAEDC, MA-DA, TAFDC/disabled parent • Is a lawfully residing veteran/dependent • Special rules for elder LPRs with disabilities • For battered, count from date of filing for adjustment or VAWA petition

13. Exercise #1 • Marie Baptiste is 38 years and comes from Haiti. She has an employment authorization card with the code A-12 on it, but is not sure what her legal status is. She works part time but also struggles with diabetes. • Can she get SNAP? • You learn that Marie first came after the January 2010 earthquake, granted Humanitarian Parole. • How does that change her eligibility?

14. Exercise #2 • Thelma O’Neill and her 3 year old son came from Ireland 2 years ago. Her US cit husband started the LPR paperwork but he dropped the case once they separated. She left him after he hit her. • Is she eligible for SNAP and TAFDC?

15. EAEDC Cash Benefit for Immigrants • LPRs, parolees, battered (no 5 year wait) • Refugees, Asylees, Cuban/Haitians, etc • Immigrants “permanently residing under color of law” or PRUCOL – two prong test: • USCIS aware of presence in US (e.g. work authorization, pending application), and • No effort underway by USCIS to deport.

16. Examples of PRUCOL • Temporary Protected Status (TPS) • Applicants for asylum • Pending a relative/employer petition • U visa (victim of violence) and some of the other “non-immigrant” visa statuses • Living in U.S. since Jan. 1, 1972 (Register) • Living under order of supervision • Other statuses where immigrant is “known to USCIS” but not being deported

17. “Qualified Aliens” and SSI • “Refugee” group get 7 years SSI from “entry” unless 2 year extension • Immigrants receiving SSI as of 8/22/96 • Immigrants in U.S. on 8/22/96 and 65+ • Disabled LPRs who: • were “lawfully present” as of 8/22/96 and • currently “qualified aliens” • LPRs who have 40 Q work history • Certain Veterans “lawfully residing” and their dependents

18. 40 Quarters work history - Why it’s important: • Establishes SSI eligibility for “refugee group” after 7-9 years and non-refugee LPRs (after 5 years in LPR status) • Jumps 5 year bar for LPRs subject to rule under FS/SNAP and TAFDC • Ends sponsor legal obligation to support and sponsor deeming in programs with deeming

19. 40 Quarters of Work History – What work counts? • 40 quarters is approximately 10 years of work • Can get credit for spouse’s quarters (earned during marriage) and for parent’s quarters (earned before LPR was 18 years old, including before birth) • But NO credit for quarters on/after 1997 in which LPR or worker received Medicaid, SSI, food stamps, TANF or SCHIP

20. Exercise #3 • Mrs. Pappas is 67, came from Greece 6 years ago with a green card via a relative petition (by her US citizen husband). She asks you about getting SSI or EAEDC cash assistance. • Can she get EAEDC and what do you need to ask her to figure out if she qualifies for SSI?

21. Exercise #4 • Sam Wong is 52. He came to the U.S. as a visiting scholar in 1995 and stayed on. He became a permanent resident 2 years ago. He recently suffered a stroke and is disabled. He has run out of assets and income. • Is he “qualified”? • Is he eligible for SSI?

22. Mixed Immigrant Status Important to know: • Immigrant’s Right to “Opt Out” and • How DTA benefits are calculated for “mixed households”

23. Right to “Opt Out” • Can “exclude” ineligible immigrant member in SNAP or TAFDC application • SSN/immigration status not required for excluded member – but HH benefits lower • Ineligible immigrant must report own income and assets even if excluded • HH may get higher benefits for eligible members if immigrant has legal status (including PRUCOL) and provides proof

24. Treatment of Income in “Mixed” status households • For SNAP: • If legally present immigrants ineligible or “opts out” – favorable income calc maximize SNAP for HH. • If undocumented or unwilling to provide proof of status - unfavorable SNAP “sanction” calc of immigrant’s income, lower SNAP for HH • For TAFDC: • Whether undocumented or legal ineligible - income above one-person TAFDC amount for parent (e.g. $388) “deemed” to kids grant

25. Example #5 • Juana Ramos is 40 years old and her two children, born in the US. Juana has TPS and works part time. • Does she or her kids qualify for TAFDC? • Do they qualify for SNAP?

26. Mixed SNAP Calc:Legally present –ineligible parent: • STEP 1: Determine max FS/SNAP benefits for entire HH with all income. • STEP 2: Determine max benefits for JUST eligible members - exclude immigrant as HH member and exclude all immigrant’s income. • STEP 3: HH gets the lesser of the two – but more than if in sanction calc.

27. Mixed SNAP Calc for undocumented parent: • STEP 1: Determine max FS/SNAP benefits for entire household excluding immigrant in HH size butincluding immigrant’s income • STEP 2: Family gets lower benefits as if immigrant did not exist, but all their income is counted as available.

28. Example #6 • Juana Ramos is 40 years old and her two children, born in the US. Juana is undocumented but she works full time caring for children. • How many HH members get SNAP? • How is Juana’s income counted for the SNAP benefits?

29. Who’s NOT Eligible for ANY DTA/SSA Cash or SNAP Benefits? • Undocumented immigrants • Under final order of deportation • Certain “non-immigrants” (tourists, students, business)

30. Key programs without immigrant restrictions • School Lunch and Breakfast • Women, Infant and Children nutrition services • Summer Food Service and Elder feeding programs • Food bank and emergency feeding programs • Short-term non-cash disaster relief • Health safety-net programs • Programs delivered at the community level, that are not conditioned on income or resources and necessary to protect life or safety

31. Other Issues Affecting Immigrants Seeking Benefits • Verification of status • SSN requirements • Sponsor deeming • “Reporting” of immigrants to DHS • “Public charge” consequences of benefit receipt

32. Verification of status • Must show documents when applying – such as I-551 “green card”, I-688 work authorization, I-94 arrival/departure or other documents • Most state and federal agencies use “SAVE” system to confirm status • Secondary verification process used if immigration status not confirmed in SAVE – takes more time

33. Systematic Alien Verification for Entitlements (SAVE) • Required for SNAP, TAFDC, EAEDC, SSI • Computerized immigration status check between DTA, RMV, SSA and USCIS • Three step verification process by state agency, depending on response • Client right to challenge SAVE info • FS/SNAP and TAFDC paid pending SAVE check if no initial confirmed response

34. Social Security Number (SSN) • Required for persons seeking all benefits -SSI, SNAP, TAFDC, EAEDC, MassHealth • All adults and children must provide SSN or apply for one with SSA. • Not required for immigrants not seeking benefits for themselves (“opt out”) • Never give tax ID (ITEN) as an SSN • DTA confirms SSNs and pending SSNs through SDX (SSA’s state data exchange)

35. State Agency Reporting to DHS? • Information provided to DTA is PRIVATE, cannot be shared unless client permission • DTA cannot insist on immigrant status info if not applying, NO fishing expeditions! • DTA allowed to “report” to DHS only when immigrant is “known to be unlawfully present” – • Immigrant has applied for cash or FS for self • Immigrant is under a Final Order of Deportation • AND immigrant SHOWS proof of this

36. Public Charge and Benefits • “Public charge” - USCIS term for immigrants who might become dependent on public benefits • Test of immigrant’s ability to support himself, based on six factors: age, health, income, family size, education and skill • Non-cash benefits (SNAP, MassHealth, WIC, fuel-assistance) – not trigger public charge • Cash assistance and long-term care may trigger public charge

37. Public Charge and Benefits • Public charge issue may surface when - • Immigrant in LPR adjustment process • LPRs leave country for more than 6 months and seek reentry to U.S. • Public charge should NOT surface, even if seeking green card or reentry: • Refugee group • LPRS applying for U.S. citizenship • Special immigrant juveniles • Battered immigrant/ VAWA Petitioners • Others (consult with immigration specialist)

38. For more information • Mass Immigrant and Refugee Advocacy Coalition: www.miracoalition.org, 617/350-5480 • Mass Legal Services website: www.masslegalservices.org • Mass Law Reform Institute: www.mlri.org • National Immigration Law Center www.nilc.org • Greater Boston Legal Service www.gbls.org • National Immigration Forum: www.immigrationforum.org • Dept of Homeland Security www.uscis.gov • USDA SNAP Non-Citizen Guidance: http://www.fns.usda.gov/snap/government/pdf/Non-Citizen_Guidance_063011.pdf